Stotts City Bank v. Miller Lumber Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — No». H. C. Pepper, Judge. (1) It was the imperative duty of the court, under section 695, Revised Statutes 1899, to make a finding of all pf the issuable facts presented by the pleadings and evidence; also of the law applicable to the issuable facts. Unless the court has so found, the case should be reversed and remanded for new trial. Ins. Co. v. Tribble, 86 Mo.
Read the full summary
Appeal from Lawrence Circuit Court. — No». H. C. Pepper, Judge. (1) It was the imperative duty of the court, under section 695, Revised Statutes 1899, to make a finding of all pf the issuable facts presented by the pleadings and evidence; also of the law applicable to the issuable facts. Unless the court has so found, the case should be reversed and remanded for new trial. Ins. Co. v. Tribble, 86 Mo. App. 546; Cochran v. Thomas, 131 Mo. 278; Nichols v. Carter, 49 Mo". App. 401; Bailey v. Emerson, 87 Mo. App. 225. (2) When the finding of facts is not supported by the evidence, it may be…
1Opinion of the CourtReyburn, J.
Plaintiff, a Missouri banking corporation, brought this action against defendant, a Missouri business corporation, on two checks, both dated Mt. Vernon, Missouri, January, 1901, one for $400, bearing date the eleventh and one for $325, bearing date the fourteenth of that month, both payable to plaintiff or order upon the Farmers -’ Bank of Mount Vernon, purporting to be executed by defendant, by C. W. O ’Kelley, and upon which instruments plaintiff averred it paid defendant the respective sums of money specified on the face of each, but on presentation and demand for payment to the Farmers’…
2Cases cited2 opinions
- First National Bank v. Badger Lumber Co.Missouri Court of Appeals · 1893
- First National Bank v. Badger Lumber Co.Missouri Court of Appeals · 1895
3Cited by5 opinions
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Bank of Brimson v. GrahamSupreme Court of Missouri · 1934
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
- Dailey v. FosterNew Mexico Supreme Court · 1913
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912